Advocate Joseph Koshy

Questions Answered by Advocate Joseph Koshy

Q: How to take refund from a coaching center due to closure

I took admission in Brilliant Coaching Center for Two Year Class room Program (BTYCP-P) Enrolment No. I2PS13UN0077 in July 2011. I paid the fees of Rs. 101,504/- in two instalments to Brilliant Tutorials of Rs. 50,752/- each (Vide ICICI Cheque No. 023031/023032 dated 23/07/11 & 30/08/11). I continued for coaching for three months. After three months in September 2011, they have closed all the centres in Delhi NCR including Noida Centre. In the hope that it will be reopened and with this hope I was going to the centre every week end to see whether centre is opened or not. Final

Advocate Joseph Koshy answered
Dear Sir,At the outset your remedy under civil law would be affected by the Law of Limitation, wherein based on the information provided above more than three years have lapsed since the last communication and or claim that has been made by you. Hence any suit filed for claiming the amount by way of a civil suit would be barred by limitation. With respect to approaching the consumer forum Section 24A of the act provides a limitation of 2 years to file a complaint from the date of cause of action. However, cause of action has not been defined by the Act nor by the Civil Procedure Code, 1908. The consumer forums have can condone delay if sufficient causes can be shown as to why there has been a delay in approaching the forum. However, this would be at the discretion of the forum should they find the reasons given plausible.Regards,Koshy

Q: Is It legal to take data from other site if I give acknowledgement

Hi Team, I am planning to start a HR placement company. My question: If I want to scrap the data from a XYZ.com job portal and use it on my ABC.com, but once a candidate applies on my site ABC.com he will go that specific site from where the data is copied XYZ.com. I am also ready to give the acknowledgment to XYZ.com for using their data. Is it legal or not?

Advocate Joseph Koshy answered
Dear Sir,At the outset there would be couple of clarifications that we would require before giving a detailed answer. However, using anyones complication for a commercial purpose would amount to unauthorised use. Merely giving acknowledgement would not siffice. However, as we mentioned earlier the facts of the matter would be imperative to address the issue in a holistic manner.Whilst for information taking the data of another and giving acknowledgement to that person for the purpose of reporting or education would not tantamount to any violation of Intellectual Property.regards,Koshy

Q: Builder started new project without customers consent What to do

Booked a flat in Ekdant FNG Plot No. HRA-12/B Surajpur Site C ,GN. on 20/07/2012. I have flexi payment plan and paid 100% amount except 50% of other charges. Now builder stopped the work and selling the scrap and machinery at sight to their creditors. He have not interest to complete the project. In this project total 5 Tower of 14th floor each but he increse FAR in tower A&B to 24 floor without taking permission of existing customers. He told contractor the he is free to sell out scrap and machinery laying at sight I have no money left to pay. Please advise what to do and which court ?

Advocate Joseph Koshy answered
Dear Sir,You at the outset should serve a legal notice to the builder to understand his stand . As mentioned the construction has stopped and there is delay in the project the said facts should be detailed out in the legal notice. Pursuant to that you can approach the Consumer forum with a complaint stating your claims and damages sought. Further you can also file a winding up for which there is a specific procedure.Regards,Joseph

Q: Delayed possession of property What action can I take

I purchased flat in JP AMAN in Noida, now its too delayed in delivery and case is going in court. Please advise if compensation will declared by Court then it will receivable to all flat owner or who filed the case in court

Advocate Joseph Koshy answered
Dear Sir,The national Commission has passed an order for handing over possession and also for damages and interest but that is restricted to the association who has filed the said Complaint. There are others also following suit and you have to file a complaint to claim for damages and interest. There are others also for whom we are now filing on the basis of the said order.

Q: Relieving Letter not being gived from the current Employer

i have been working in this Kerela based coy since May`15 and have now resigned from the services on 8th Jul`16 with immediate release by 12th Jul`16. Coy is facing acute financial turmoil and we have not received salary for past 6 months. As per terms of appointment letter, on resignation, notice period of three months is to be served or one can pay in lieu of notice period. i have requested coy to debit notice period from dues payable to me. Coy is neither paying salary nor issuing relieving letter. New employer wants Relieving Letter and wants me to join immediately. what do i do?

Advocate Joseph Koshy answered
Dear Sir,At the outset we would require to see the letter of appointment. However, based on what you have mentioned in your query, I am of the opinion that you can send a legal notice and that may ditter the company from harassing you. Pursuant to that the only option is to move court. I don't think that the company would want to take things that far and should settle on the notice.Warm regards,